End User Software License for HEX: Shards of Fate
Please read this End User Software License (“License”) carefully before downloading the Game Client, using the HEX Game, registering an Account, or any such other software usage. This License is a legally binding document between you and HEX Entertainment, LLC (“HEX Entertainment”). By accepting the terms of this agreement and downloading the Game Client, you are agreeing to be bound by the terms of this License.
HEX: Shards of Fate (or otherwise referenced as “HEX Game”, and defined below) include two components: (i) the software program along with any accompanying materials or documentation (collectively, the “Game Client”), and (ii) HEX Entertainment’s proprietary online service (“Service”).
This License concerns the download and use of the Game Client, but may also reference the Service as they are related.
IF YOU DO NOT AGREE to the terms of this License, do NOT click on the download link and do NOT install the Game Client.
Additionally, by registering an Account and using the HEX Game you agree to the terms of the Code of Conduct (https://hextcg.com/code-of-conduct/), Privacy Policy (https://hextcg.com/privacy-policy/) each of which are incorporated into this License by reference. Each of these documents may, at any time, for any reason, be updated, changed, removed, or modified at the sole discretion of HEX Entertainment, and your continued use of the HEX Game after such changes constitutes your acceptance of said change.
IF YOU DO NOT AGREE to the applicable terms of the Code of Conduct, Privacy Policy, and HEX: Shards of Fate Terms of Use, do NOT click on the download link, do NOT install the Game Client and do NOT register an account with the Game.
By clicking the download link and downloading the Game Client:
(1) You acknowledge that you have read the terms of this License in its entirety;
(2) You acknowledge that in-game purchases are allowed but not required to play the HEX Game;
(3) You agree to be bound by the terms of this License;
(4) You agree to be bound by the applicable terms of Code of Conduct, Privacy Policy; and
(5) You are authorized and able to accept this License.
IF YOU DO NOT AGREE to the terms of this License, do NOT click on the download link and do NOT install the Game Client.
Any and all unauthorized use is strictly prohibited.
Terms and Conditions of the License are as follows:
HEX: Shards of Fate (or otherwise referenced as “HEX Game”, and defined below) include two components: (i) the software program along with any accompanying materials or documentation (collectively, the “Game Client”), and (ii) HEX Entertainment’s proprietary online service (“Service”).
A. Grant of Limited Use License.
THIS SOFTWARE IS LICENSED, AND NOT SOLD.
If you agree to this License, you may install the Game Client onto your computer for purposes of playing HEX Game. Subject to your agreement to and continuing compliance with this License, and the applicable terms of the Code of Conduct, the Privacy Policy, and HEX Entertainment’s Terms of Use, HEX Entertainment hereby grants, and you hereby accept, a limited, non-exclusive license to install the Game Client and use the Game Client in conjunction with the HEX Game and related services for our non-commercial entertainment purposes only.
The rights granted herein are limited to HEX Entertainment’s and its licensors’ intellectual property rights in the HEX Game and do not include any other patents or intellectual property rights. You may own the operating system or “cpu” in which you are accessing the HEX Game, however HEX Entertainment retains ownership of the HEX Game itself. The terms of this License will govern any HEX Game upgrades provided by HEX Entertainment that replace and/or supplement the Current Release or any future version of the HEX Game, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
B. HEX Game and Game Client.
1. Eligibility. The HEX Game is available only to individuals considered to be adult age in the Account holder’s respective country and older. If you are a minor, as according to the laws of your state, your parent or guardian must complete the registration process, in which case the parent or guardian will take full responsibility for all obligations under this Agreement. By clicking the download link and downloading the Game Client, you represent that you are of adult age and are either accepting this Agreement on behalf of yourself or on behalf of your child. An account with identifying information, must be created to use the Service (“Account”), and your Account is personal to you and may not be transferred, sold or used by anyone else unless you are a parent or guardian, in which case you may permit one child to use the Account instead of yourself. Regardless, you are liable for all activities conducted through your Account.
2. Beta Releases. In the event that any part of the HEX Game is released as a beta release, or initial phase of product testing released to a limited number of external users (“Beta Releases”), you acknowledge and agree the Beta Releases may contain more or less features than future releases. While HEX Entertainment intends to distribute a full release, it reserves the right at any time not to release a full version, or, if released, to alter features, specification, capabilities, function, licensing terms, release dates, general availability or other characteristics. You agree that the Beta Releases may contain errors affecting proper operation and functionality.
3. Fees for Products and Services.
(a) The Beta Releases allow for the purchase and use of in-game currency, which is referred to as “Platinum” within the HEX Game. No purchases of Platinum are processed through HEX Entertainment. Purchases are processed by third party vendors, which shall provide all relevant information at the time of initial purchase. No refunds are available for purchases of Platinum. Once Platinum is purchased it retains no value outside of the HEX Game.
4. Tournaments, Contests, Promotions, Redemption Codes and Events.
(a) The Beta Releases limit the play in certain tournament, contest, and redemption codes to access with the purchase and use of Platinum. Platinum can be used to purchase digital goods for use during play exclusively in and with the HEX Game. Platinum may be required to enter tournaments and contests held within the HEX Game and only accessed by Account holders.
(b) The Beta Releases award prizes for various activities in the HEX Game. The available prizes will be acknowledged during game play. No prizes will be award as financial compensation, nor retain any value outside of the HEX Game. Prizes are solely for use in and with the HEX Game and distributed as rewards for game play.
C. Permitted License Uses and Restrictions.
1. Intellectual Property Rights. HEX Entertainment owns all right, title and interest in and to the HEX Game and related products or services, and all aspects thereof (including, but not limited to, any software, titles, computer codes, themes, objects, characters, character names, character likeness, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, compositions, audio-visual effects, methods of operation, moral rights, related documentation, storylines accompanying the Game Client and/or Service whether on disk, in read only memory, on any other media or in any other form) as well as all related and underlying intellectual property including all trademarks and copyrights. Your Account and your use of the HEX Game or related products and services does not grant you any ownership interest in and to the same.
2. Transfer of Account. You may not rent, lease, lend, redistribute or sublicense your Account or any part of the HEX Game.
3. Duration of the Online Component of the HEX Game. HEX Game is an online game that must be played over the Internet through the Game Client as provided by HEX Entertainment. You understand and agree that the HEX Game provided by HEX Entertainment at its sole discretion and may be terminated or otherwise discontinued by HEX Entertainment at any time for any reason.
4. Consent to Monitor. When using the HEX Game, the HEX Game may monitor your computer’s random access memory (RAM) for unauthorized third party programs running concurrently with the HEX Game. An “unauthorized third party program” as used herein shall be defined as any third party software that conducts activities prohibited in the License. In the event that the HEX Game detects an unauthorized third party program, the HEX Game may communicate information back to HEX Entertainment, including without limitation your Account name, details about the unauthorized third party program detected, and the time and date, and HEX Entertainment may exercise any and all of its rights under this agreement, with or without prior notice to the user.
5. Consent to Use of Data, Beta Releases. You agree that HEX Entertainment and its subsidiaries and agents may collect, maintain, process and use diagnostic technical, usage and related information, including but not limited to unique system or hardware identifiers, information about your computer, system and application software, and peripherals, that is gathered periodically to provide and improve HEX Entertainment’s products and services, facilitate the provision of software updates, product support and other services to you (if any) related to the HEX Game, and to verify compliance with the terms of this License. You may NOT change these settings. HEX Entertainment may use all information collected in the Beta Releases or any previous release, and some information collected may personally identify you through your Account. Additionally, if you request any technical support, you consent to HEX Entertainment accessing your Account for the purposes of support.
HEX Entertainment may, with or without notice to you, disclose your IP Address, personal information, chat logs, and other information about you and your activities: (a) in response to a request by law enforcement, a court order or other legal process; or (b) if HEX Entertainment believes that doing so may protect your safety or the safety of others.
HEX ENTERTAINMENT MAY MONITOR, RECORD, REVIEW, MODIFY, AND/OR DISCLOSE YOUR CHAT SESSIONS, WHETHER VOICE OR TEXT, WITHOUT NOTICE TO YOU, AND YOU HEREBY CONSENT TO SUCH MONITORING, RECORDING, REVIEW, MODIFICATION AND/OR DISCLOSURE. Additionally, you acknowledge that HEX Entertainment is under no obligation to monitor your electronic communications, and you engage in those communications at your own risk.
Privacy Policy. At all times your information will be treated in accordance with the Privacy Policy, which is incorporated by reference into this Agreement and can be viewed at: https://hextcg.com/privacy-policy/.
6. Consent to Receive Communication. You agree that we may communicate with you via the email you provide(d) in your Account registration and any similar technology for any purpose relating to the HEX Game or related services which are in existence now or may in the future be provided by HEX Entertainment.
7. Feedback. HEX Entertainment does not accept unsolicited suggestions, comments, feedback or any potentially related intellectual property submissions related to or regarding the HEX Game or its related products and services.
8. International Use of HEX Game and Services. The HEX Game, related products and services, and third party materials that may be accessed from, displayed on or linked to from the HEX Game are not available in all languages or in all countries or regions. HEX Entertainment makes no representation that such related services and third party materials are appropriate or available for use in any particular location. To the extent you choose to use or access such services and third party materials, you do so at your own initiative and are responsible for compliance with applicable laws, including but not limited to applicable local laws and privacy and data collection laws.
9. Reserved Right to Change, Suspend, Remove or Disable. HEX Entertainment reserves the right to change, suspend, remove or disable access to the HEX Game and any related services at any time without notice. In no event will HEX Entertainment be liable for the removal of or disabling of access to any such services. HEX Entertainment may also impose limits on the use of or access to certain services, in any case and without notice or liability.
D. Additional Restrictions and Limitations.
1. The HEX Game is made available solely for use by Account holders according to the terms and conditions of this License. Any use, reproduction or redistribution of the HEX Game or related products or services not expressly authorized by this License is expressly prohibited and may result in severe civil and criminal penalties.
2. Damaging Conduct. You are strictly prohibited from engaging in, or assisting others to engage in, conduct that would damage or impair the property of HEX Entertainment including, without limitation, the following: (a) copying, distributing, transmitting, displaying, performing, framing, linking, hosting, caching, reproducing, publishing, licensing, or creating derivative works, in whole or in part, from any information, software, products or services obtained from the HEX Game; (b) modifying, reverse engineering, disassembling or decompiling the HEX Game in whole or in part; (c) using intellectual property contained in the HEX Game to create derivatives or to provide other means through which others may play the HEX Game such as through server emulators or matchmaking services; (d) taking actions that impose an unreasonable or disproportionately large load on HEX Entertainment’s network infrastructure or that could damage, disable, overburden, or impair any of HEX Entertainment’s websites or other services; (e) interfering with any other party’s use and enjoyment of the HEX Game (including cheating) and any of HEX Entertainment’s websites; (f) attempting to gain unauthorized access to third party Accounts or the HEX Game, or any of HEX Entertainment’s websites, via any means; (g) using third party software designed to modify the HEX Game and/or the HEX Game experience in any means.
3. Unauthorized Third Party Software. You are strictly prohibited from using unauthorized third party software that intercepts, “mines”, or otherwise collects information from or through the HEX Game, including without limitation any software that reads areas of RAM used by the Game Client to store information about a character, game environment, or other aspects of the HEX Game; provided, however, that HEX Entertainment may, at its sole discretion, allow the use of certain third party user interfaces.
4. No Exploitation for Commercial Purposes. You agree that you will not exploit any part of the HEX Game for commercial purposes, including (a) performing in-game services in exchange for payment outside the HEX Game, or (b) for gathering in-game currency, items or resources for sale outside the HEX Game.
Use at a computing gaming center or any other location based site is permitted, under the following condition that, although Account holders are sharing a Game Client, no Accounts will be shared at any time, for any reason.
5. No External Transfer or Sale of Virtual Assets. HEX Entertainment does not recognize any purported transfers or sales of event tickets or other virtual assets outside of the HEX Game. Accordingly, you are strictly prohibited from selling, gifting or exchanging virtual assets, event tickets or any other virtual HEX Game currency for other any value outside of the HEX Game.
6. Disclaimer of Warranties. If you are a user who is a consumer, you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organization.
(a) YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE HEX GAME IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
(b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE HEX GAME IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND HEX ENTERTAINMENT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE HEX GAME, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
(c). HEX ENTERTAINMENT DOES NOT WARRANT AGAINST: (A) INTERFERENCE WITH YOUR ENJOYMENT OF THE HEX GAME AND RELATED SERVICES, (B) THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, HEX GAME WILL MEET YOUR REQUIREMENTS, (C) THAT THE OPERATION OF THE HEX GAME OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, (D) THAT ANY SERVICES WILL CONTINUE TO BE MADE AVAILABLE, (E) THAT THE HEX GAME OR SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, OR (F) THAT DEFECTS IN THE HEX GAME OR SERVICES WILL BE CORRECTED.
7. Limitation of Liability Indemnity. NEITHER HEX ENTERTAINMENT NOR ITS PARENT, SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE GAME OR ANY USE OF THE GAME, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, NEITHER HEX ENTERTAINMENT NOR ITS PARENT, SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO PLAYER CHARACTERS, DIGITAL OBJECTS, VIRTUAL GOODS OR CURRENCY, ACCOUNTS, STATISTICS, OR USER STANDINGS, RANKS, OR PROFILE INFORMATION STORED BY THE HEX GAME, GAME CLIENT, AND/OR RELATED SERVICES. HEX ENTERTAINMENT SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL HEX ENTERTAINMENT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. In no event shall HEX Entertainment’s liability, whether arising in contract, tort, strict liability or otherwise, exceed (in the aggregate) the total fees paid to and/or donated by you to HEX Entertainment in order receive access to the Alpha Release or any other releases of the Game Client.
You hereby agree to defend, indemnify and hold HEX Entertainment harmless from and against any claim, liability, loss, injury, damage, cost or expense (including reasonable attorneys’ fees) incurred by HEX Entertainment arising out of or from your use of the HEX Game. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.
8. Equitable Remedies. You hereby agree that HEX Entertainment will be irreparably damaged if the terms of this License were not specifically enforced, and therefore you agree that HEX Entertainment shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this License, in addition to such other remedies as HEX Entertainment may otherwise have available to it under applicable laws.
E. Dispute Resolution; Governing Law; Severability, Etc.
1. Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this License, except as expressly provided below, (“Dispute”), you and HEX Entertainment agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. HEX Entertainment will send its notice to billing address provided upon registration, and if no billing address is provided (specifically in relation to the HEX Game, Alpha Release), the notice will be sent to the email address provided by you. All notices to HEX Entertainment shall be sent to: HEX Entertainment, 25351 Commercentre Drive, Suite 250
Lake Forest, CA 92630.
2. Binding Arbitration. If you and HEX Entertainment are unable to resolve a Dispute through informal negotiations, either you or HEX Entertainment may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other party. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for consumer Related Disputes (“AAA Consumer Rules”). The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this License, you and HEX Entertainment may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
3. Restrictions to Arbitration Proceedings. You and HEX Entertainment agree that any arbitration shall be limited to the Dispute between HEX Entertainment and you individually. To the full extend permitted by law, (a) no arbitration shall be joined with any other; (b) there is no right or authority for any Dispute to be arbitrated on a class action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
4. Exceptions to Informal Negotiations and Arbitration. You and HEX Entertainment agree that the following disputes are not subject to the above provisions concerning informal negotiations and binding arbitration; (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or HEX Entertainment’s intellectual property rights; (b) any Dispute related to, or arising from, allegation of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for injunctive relief.
In the event any litigation is brought by either party in connection with this Licensee, the prevailing party in such litigation shall be entitled to recover form the other party all the costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
5. Location of Arbitration. If you are a resident of the United States, any arbitration will take place at any reasonable location convenient for you, however, if outside of Los Angeles County, California, the arbitration proceedings may be limited to submission of document, by phone or online. For residents outside the United States, any arbitration shall be initiated in Los Angeles County, California, United States of America. Any Dispute not subject to arbitration, or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within Los Angeles County, California, United States of America, and you and HEX Entertainment agree to submit to the personal jurisdiction of that court.
6. Governing Law. Except as otherwise set forth herein, this License will be governed by and construed in accordance with the laws of the State of California, without regard to choice of law principles. This application of the United Nations Convention on Contracts for the international Sale of Goods is expressly excluded. For users outside the United States, other laws may apply if you choose not to agree to arbitrate as set forth above; provided, however, that such laws shall affect this License only to the extent required by such jurisdiction. In such a case, this License shall be interpreted to give maximum effect to the terms and conditions hereof.
7. Severability. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
8. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the HEX Game licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter, provided, however, that this License shall coexist with, and shall not supersede, the Terms of Use. To the extent that the provisions of this License conflict with the provisions of the Terms of Use, the conflicting provisions in the Terms of Use shall govern. If any provision of this License is found to be unenforceable, that provision shall be severed and the remainder of the License shall be given full force and effect.
9. Governing Language. Any translation of this License is done for local requirements only and in the event of a dispute between English and any non-English versions, the English version of this License shall govern.
F. Termination
1. This License is effective until terminated. Your rights under this License will terminate automatically without notice from HEX Entertainment if you fail to comply with any term(s) and/or conditions of this License. HEX Entertainment may terminate this License, at any time, for any reason, at its sole discretion, which includes deactivating your Account, and/or discontinuing the HEX Game or any related products or services.
2. You may terminate this License at any time by providing HEX Entertainment with written notification. Upon termination by you, no moneys will be refunded.
3. Upon the termination of this License, you must cease all use of the HEX Game and related services, and destroy any HEX Entertainment owned intellectual property in your possession, including but not limited to the Game Client, any downloaded data, graphics or music from the HEX Game.
By clicking the download link and downloading the Game Client:
(1) You acknowledge that you have read the terms of this License in its entirety;
(2) You acknowledge that in-game purchases are allowed but not required to play the HEX Game;
(3) You agree to be bound by the terms of this License;
(4) You agree to be bound by the applicable terms of the Code of Conduct, Privacy Policy; and
(5) You are authorized and able to accept this License.
IF YOU DO NOT AGREE to the term of this License, do NOT click on the download link and do NOT install the Game Client.
Updated October 1, 2014